5-12-23. Revenues and income from which bonds payable--Use of educational facilities fund--Disposition of revenues.
Such bonds shall be payable solely and only from:
(1)Revenues to be derived by the building authority from the operation of any such facilities acquired, constructed, completed, remodeled or equipped in whole or in part with the proceeds of the bonds;
(2)Income to be derived from rental leases to state departments, boards, commissions or other agencies, or from leases to others as provided in §§5-12-13 to 5-12-18, inclusive;
(3)In the case of leases involving institutions under the control of the board of regents, such funds in the educational facilities fund established by chapter 13-51, as are not otherwise appropriated, earmarked, or pledged;
(4)Revenues to be derived by the authority from any department, agency or instrumentality of the United States for any purpose consistent with the provisions of this chapter; and
(5)Revenues to be derived by the authority in connection with projects of the kind listed in this chapter from (a) the foreclosure of any mortgages, deeds of trust, notes, debentures, bonds, and other security interests held by it, or pledged and assigned by it in connection with bonds issued for such a project, either by action or by exercise of a power of sale, (b) the sale of the equity of redemption in said security interests in accordance with the terms of said instruments and applicable state law or (c) other actions to enforce any obligation held by it.
However, for any year in which the Legislature has appropriated funds for the payment of lease rentals with respect to a project of the kind described in this chapter, any revenues received by the authority, other than from the appropriation, as a result of such program shall be assigned to and deposited in the general fund.
Source: SL 1967, ch 276, §6; SL 1975, ch 51, §3; SL 1988, ch 50, §8; SL 1991, ch 24, §3; SL 1994, ch 50, §9.
Structure South Dakota Codified Laws
Title 5 - Public Property, Purchases and Contracts
Chapter 12 - South Dakota Building Authority
Section 5-12-1 - .Authority created--Composition--Initial terms--Political affiliation--Chairman.
Section 5-12-1.2 - .Meaning of United States Department of Agriculture Conservation Reserve Program.
Section 5-12-2 - .Terms of members--Vacancies--Quorum.
Section 5-12-3 - .Oath and bond of members.
Section 5-12-4 - .Members receive no compensation--Reimbursement of expenses.
Section 5-12-5 - .Employment of personnel.
Section 5-12-6 - .Common seal of authority.
Section 5-12-7 - .Purposes of authority.
Section 5-12-8 - .Studies and investigations of land needs.
Section 5-12-8.1 - .Additional powers with respect to projects under §5-12-8.
Section 5-12-10 - .Transfer of state property to authority.
Section 5-12-11 - .Power of authority to acquire property--Methods of acquisition.
Section 5-12-11.1 - .Standards and specifications to accommodate persons with disabilities.
Section 5-12-12 - .Plans and specifications for projects to be undertaken.
Section 5-12-14 - .Terms, conditions, and rental under leases--Annual extension provision.
Section 5-12-15 - .Lessee's option to purchase--Conveyance on exercise of option.
Section 5-12-16 - .Taxes and insurance added to rental properties--Authorization to self-insure.
Section 5-12-18 - .Costs and reserves to be covered by rent and charges.
Section 5-12-19 - .Tax exemption of property owned or leased by authority--Exception.
Section 5-12-20 - .Resolutions for revenue bonds authorized--Purpose--Legislative approval required.
Section 5-12-21 - .Purposes for which bonds issued--Refunding and refinancing--Pledge of income.
Section 5-12-22 - .Terms and interest rate of bonds.
Section 5-12-24 - .Execution and registration of bonds--Validity of signature by officers.
Section 5-12-25 - .Restrictions on obligation stated on face of bonds.
Section 5-12-26 - .Creation of state obligation not authorized.
Section 5-12-27 - .Contract with bondholders--Bondholders' remedies.
Section 5-12-27.1 - .Refunding bonds authorized--Purposes.
Section 5-12-27.2 - .Amount of refunding bonds.
Section 5-12-27.4 - .Exchange or sale of bonds--Disposition of proceeds of sale.
Section 5-12-27.6 - .No indebtedness to be charged against state.
Section 5-12-27.7 - .Acceptance and expenditure of gifts, contributions, etc., authorized.
Section 5-12-28 - .Interim notes authorized--Purposes of borrowing.
Section 5-12-29 - .Resolution for issuance of interim notes--Interest rate--Maturity date.
Section 5-12-31 - .Additional provisions to secure payment of interim notes.
Section 5-12-34 - .Disposition of income under chapter--Public building fund.
Section 5-12-38 - .Annual audit.
Section 5-12-38.1 - .Informational budget required.
Section 5-12-39 - .Contractual power of authority.
Section 5-12-40 - .Bylaws, rules, and regulations of authority.
Section 5-12-41 - .Severability of provisions.
Section 5-12-44 - .Provisions applicable to contracts to acquire use or ownership.
Section 5-12-46 - .Legislative approval required for sale and lease-back arrangements.
Section 5-12-47 - .Revenue obligations--Issuance--Purpose--Funds for payment.
Section 5-12-48 - .Definition of terms.
Section 5-12-48.1 - .Authority may invest funds in certain permitted investments.
Section 5-12-50.1 - .Bond transactions to be public records subject to disclosure.
Section 5-12-51 - .Purposes of special purpose corporation.
Section 5-12-54 - .Liability of authority and special purpose corporation.
Section 5-12-56 - .Employees of special purpose corporation.
Section 5-12-61 - .Authority may contract to manage payment or interest rate risk for bonds.