South Dakota Codified Laws
Chapter 16B - South Dakota Railroad Authority
Section 49-16B-39 - Payment of interim notes contemporaneously with issue of revenue bonds or escrow of bond proceeds for future repayment.

49-16B-39. Payment of interim notes contemporaneously with issue of revenue bonds or escrow of bond proceeds for future repayment.
Contemporaneously with the issue of revenue bonds as provided by this chapter, all interim notes, even though they may not then have matured, shall be paid, both principal and interest to date of payment, from the funds derived from the sale of revenue bonds for the permanent financing and such interim notes shall be surrendered and canceled, or the proceeds at the sale of said bonds, excepting the accrued interest received, shall be used to purchase direct obligations of the United States of America so long as such obligations will mature at such time or times, with interest thereon or the proceeds received therefrom, to provide funds adequate to pay when due or called for redemption prior to maturity the notes to be refunded, together with the interest accrued thereon and any redemption premium due thereon, and such proceeds or obligations of the United States of America shall, with all other funds legally available for such purpose, be deposited in escrow with a banking corporation, or national banking association, located in and doing business in the State of South Dakota, with power to accept and execute trusts, or any successor thereto, which is also a member of the federal deposit insurance corporation and of the federal reserve system, to be held in an irrevocable trust solely for and until the payment and redemption of the notes so to be refunded, and any balance remaining in said escrow after the payment and retirement of the notes to be refunded shall be returned to said authority to be used and held for use as revenues pledged for the payment of said refunding bonds.

Source: SL 1980, ch 323, ยง35.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 49 - Public Utilities and Carriers

Chapter 16B - South Dakota Railroad Authority

Section 49-16B-1 - Legislative declarations--Public participation in railroad ownership and operation.

Section 49-16B-2 - Definitions of terms.

Section 49-16B-3 - Railroad authority created--Members.

Section 49-16B-4 - Authority attached to bureau of finance and management for reporting purposes--Exercise of functions.

Section 49-16B-6 - Oath and bond of members.

Section 49-16B-7 - Per diem and expenses.

Section 49-16B-8 - Agents and employees.

Section 49-16B-9 - Seal.

Section 49-16B-10 - Projects authority may undertake.

Section 49-16B-11 - Report to legislature recommending projects.

Section 49-16B-12 - Transfer of jurisdiction or property to authority--Governor's approval.

Section 49-16B-13 - Acquisition of property--Construction and maintenance of railroad facilities.

Section 49-16B-13.1 - Approval of expenditures by railroad board and Governor.

Section 49-16B-13.2 - Maintenance of public railroad property by Department of Transportation.

Section 49-16B-14 - Department of Transportation's powers as to projects.

Section 49-16B-15 - Lease of facilities and sites.

Section 49-16B-16 - Lease terms, conditions and rentals.

Section 49-16B-17 - Leases to contain option to purchase--Purchase price.

Section 49-16B-18 - Lease provisions for lessee's payment of taxes, insurance and other costs.

Section 49-16B-19 - Leases to Department of Transportation--Rents payable solely from appropriations--Amount.

Section 49-16B-20 - Nonpayment of rent--Maintenance, operation, or lease of facilities.

Section 49-16B-21 - Rental and charges for facilities leased to other than Department of Transportation--Conveyance at conclusion.

Section 49-16B-22 - Tax exempt status of authority's property.

Section 49-16B-23 - Negotiable revenue bonds--Resolution for issuance--Legislative approval.

Section 49-16B-24 - Borrowing money and issuing bonds authorized--Refunding and refinancing--Pledge of income and revenues.

Section 49-16B-25 - Bonds and notes--Resolution--Issuance--Terms.

Section 49-16B-26 - Bonds--Repayment from lease income and revenues from facilities financed.

Section 49-16B-27 - Bonds--Execution and registration--Officers' signatures.

Section 49-16B-28 - Bonds--Statements on face.

Section 49-16B-29 - Obligation of state not authorized.

Section 49-16B-30 - Contract with holders--Enforcement.

Section 49-16B-31 - Interim notes--Purposes for which authorized.

Section 49-16B-32 - Interim notes--Issuance pursuant to resolution--Contents of resolution--Extending maturity date.

Section 49-16B-33 - Interim notes--Registration--Issuance.

Section 49-16B-34 - Interim notes--Interest--Redemption by authority.

Section 49-16B-35 - Interim notes--Execution--Attestation--Seal.

Section 49-16B-36 - Interim notes--Secured by pledge--Repayment from sale of revenue bonds and property acquired.

Section 49-16B-37 - Interim notes--Additional security for payment.

Section 49-16B-38 - Interim notes not indebtedness within constitutional or statutory limitations.

Section 49-16B-39 - Payment of interim notes contemporaneously with issue of revenue bonds or escrow of bond proceeds for future repayment.

Section 49-16B-40 - Interim notes--No personal liability.

Section 49-16B-41 - Income of authority--Payment to state treasurer or trustee--Railroad authority fund--Disbursements.

Section 49-16B-42 - Authority to account for income--Disbursements from accounts in fund.

Section 49-16B-43 - Conveyance of property to state by authority.

Section 49-16B-44 - Record of lease rental payments--Conveyance of property to state upon receipt of sufficient rentals to pay bonds.

Section 49-16B-46 - Contract power of authority.

Section 49-16B-47 - Bylaws, rules and regulations of authority.