6-8B-53. Issuance of crossover refunding bonds--Deposit of proceeds in debt service fund--Maintenance of fund--Taxes levied and appropriated for payment of refunding bonds.
Crossover refunding bonds may be issued by a public body without regard to the limitations in §§6-8B-46 and 6-8B-48. The proceeds of crossover refunding bonds less any proceeds applied to payment of the costs of their issuance, shall be deposited in a debt service fund irrevocably appropriated to the payment of principal of and interest on the refunding bonds until the date the proceeds are applied to payment of the bonds to be refunded. The debt service fund shall be maintained as an escrow account with a suitable financial institution within or without the state, which has trust powers and which has complied with the applicable provisions of §§51A-5-7 to 51A-5-10, inclusive, and amounts in it shall be invested in securities described in this section. Excess proceeds, if any, of the tax levy made with respect to the bonds to be refunded, and any other available amounts, may be deposited in the escrow account. In the resolution authorizing the issuance of crossover refunding bonds, the governing body may pledge to their payment any source of payment of the bonds to be refunded. In the case of general obligation bonds, taxes shall be levied and appropriated to the debt service fund in the amounts needed, together with estimated investment income of the debt service fund and any other revenues available upon discharge of the bonds refunded, to pay when due the principal of and interest on the refunding bonds. The levy so imposed may be reduced by earnings to be received from investments on hand in the debt service fund to the extent the applicable recording officer certifies to the county auditor that the earnings are expected to be received in amounts and at such times as to be sufficient, together with the remaining levy, to satisfy the purpose of the levy. Any taxes levied for the payment of principal of or interest on the bonds to be refunded shall continue until all of the bonds to be refunded have been fully paid.
Source: SL 1987, ch 66, §1.
Structure South Dakota Codified Laws
Title 6 - Local Government Generally
Chapter 08B - Bonds of Local Public Bodies
Section 6-8B-2 - Election required for issuance.
Section 6-8B-3 - Resolution or ordinance declaring necessity of bond issue--Contents--Election.
Section 6-8B-4 - Notice of election.
Section 6-8B-7 - School, street, or utility improvements--Authorization of bonds.
Section 6-8B-8 - Issuance of bonds on approval by voters.
Section 6-8B-9 - Issuance, form, and terms of bonds.
Section 6-8B-10 - Public or private sale--Notice and procedure for public sale.
Section 6-8B-11 - Single issue of bonds separately approved.
Section 6-8B-12 - Interest rate.
Section 6-8B-13 - Disposition of proceeds.
Section 6-8B-14 - Negotiable investment security status.
Section 6-8B-15 - Powers as issuer of negotiable investment securities.
Section 6-8B-17 - Authentication of bonds--Signatures--Seal.
Section 6-8B-18 - Registration books--Disclosure of information.
Section 6-8B-19 - Information filed with secretary of state by issuer.
Section 6-8B-20 - Costs of issuance and sale.
Section 6-8B-21 - Signature by resident attorney.
Section 6-8B-22 - Invalidity of bonds without attorney's signature.
Section 6-8B-23 - Notice of redemption.
Section 6-8B-24 - Replacement of lost, stolen, or destroyed bonds.
Section 6-8B-25 - Tax exemption.
Section 6-8B-26 - Anticipation notes--When issuance authorized.
Section 6-8B-27 - Anticipation notes--Amount--Term.
Section 6-8B-28 - Anticipation notes--Payment--Issuance of bonds required--Exchange--Redemption.
Section 6-8B-29 - Anticipation notes--Bond provisions applicable.
Section 6-8B-30 - Refunding bonds without election--Purposes.
Section 6-8B-33 - Approvals required for refunding bonds of issuer divided into other public bodies.
Section 6-8B-34 - Refunding after detachment of land from issuer.
Section 6-8B-35 - Maximum amount of refunding bonds.
Section 6-8B-36 - Maximum aggregate indebtedness of issuer.
Section 6-8B-37 - Bonds not included in computation of aggregate indebtedness.
Section 6-8B-39 - Bonds payable from different sources--Refunding by single issue prohibited.
Section 6-8B-41 - Combinations subject to more than one debt limit prohibited.
Section 6-8B-42 - Issuance and sale of refunding bonds.
Section 6-8B-43 - Conclusiveness of determination that limitations have been met.
Section 6-8B-44 - Recital of authority for issuance--Incontestability after delivery for value.
Section 6-8B-45 - Exchange or sale.
Section 6-8B-46 - Disposition of proceeds of sale--Escrow.
Section 6-8B-47 - Escrow including other funds.
Section 6-8B-49 - Purchaser not responsible for application of proceeds.
Section 6-8B-50 - Disposition of accrued interest and premiums received on sale.
Section 6-8B-51 - Outstanding bonds unaffected.
Section 6-8B-52 - Chapter of full authority--Additional to other laws.
Section 6-8B-54 - Securities purchased for debt service fund limited.
Section 6-8B-55 - Definition of terms.
Section 6-8B-56 - Issuance of credit enhancement obligation--Conditions.
Section 6-8B-57 - Debt service reserve fund or credit facility.
Section 6-8B-60 - Form of covenants or pledges.
Section 6-8B-62 - Credit enhancement obligations irrepealable until fully paid.
Section 6-8B-63 - Determination by governing body on limitations conclusive absent fraud or abuse.
Section 6-8B-64 - Ad valorem taxes--Limit.
Section 6-8B-66 - Aggregate indebtedness of municipality or county--Limit--Calculation.
Section 6-8B-67 - Tax or revenue anticipation notes--Limit.
Section 6-8B-68 - Obligation subject to provisions of §§ 6-8B-9 to 6-8B-22, inclusive.
Section 6-8B-69 - Exemption from registration under chapter 47-31B.